ASHOK CHOPRA Vs. SYNDICATE BANK

JUDGEMENT

(1.) Plaintiffs have filed this suit for recovery of Rs.53,04329/-. Plaintiff had vide registered lease deed dated 13.7.1993 leased out an area of 4010 sq. ft. on the first and second floor of the property no.1377, Kashmere Gate,Delhi at a monthly rent of Rs.33,684/- to the defendant bank. This lease was to commence from 1.4.1989 and was to expire on 31.3.1994. On 14.12.1993 plaintiffs informed the defendants that since the lease was to expire on 31.3.1994 in case the defendant was interested in renewal he would have to pay the market rate. This was reiterated in the letter dated 6.1.1994; plaintiff had offered to renew the lease at Rs.27 per sq. ft. per month. On 9.3.1994, plaintiff had informed the defendant not to credit the rent in their account from 1.4.1994 till the renewal of the lease as is mutually decided between the parties. On 21.4.1994 in the inter se negotiations between the parties defendant agreed to increase the rent by 50% over the previous rent of Rs.8.40 paise per sq. ft. per month. This was not agreeable to the plaintiff who demanded a rent of Rs.27/- per sq.ft. per month. Plaintiffs agreed to scale down this demand to a monthly rent of Rs.18 per sq. ft. per month. On 12.12.1997 defendants agreed to renew the lease at 23/- per sq.ft. per month. On 20.3.1998, defendants informed the plaintiff that they were fully agreeable to revise the rent at Rs.22/- per sq.ft. per month with effect from 1.4.1998 or from the date of a fresh lease agreement. Plaintiff had wanted revised rent to be paid with effect from 1.4.1994. Matter was not settled. On 7.1.2000 the defendant bank informed the plaintiff that they would be vacating the premises by 30.4.2000 and would pay the enhanced rent at 25% with effect from 1.4.1994 till the surrender of the premises. The premises were surrendered back to the plaintiff on 30.6.2000.

(2.) Present suit has been filed on 20.9.2000 by the plaintiff claiming damages/mesne profit for unauthorized use and occupation of the premises by the defendants. Claim for damages at the rate of Rs.27/- per sq. ft. with effect from 1.4.1994 till 30.6.2000 when the vacant possession of the suit property was handed over to the plaintiff has been made. In the written statement, it is submitted that the plaintiff is not entitled to any amounts as his claims are beyond the period of three years from the date of filing of the suit i.e. 11.9.1994 and thus barred by limitation. It is submitted that the plaintiffs are estopped, by their conduct, from claiming damages; on 30.6.2000/1.7.2000, the defendant while vacating the suit property had paid differences of arrears of rent at the enhanced rate of 25% which had been duly credited to the account of the plaintiff. Plaintiff cannot now claim damages/mesne profits as this agreed amount was accepted by the plaintiff. Claim of the plaintiff stands satisfied. It is not in dispute that inter se communications between the parties had taken place but it is denied that any case is made out by the plaintiff for claiming damages at rate of Rs.27/- per sq.ft per month from the date as claimed by him; plaintiff had in fact consented to the continuance of the defendant in the suit property.

(3.) Replication has been filed reiterating submissions made in the plaint and denying the defence as set up in the written statement.